Tier II Reporting
Facilities covered by The Emergency Planning and Community Right to Know Act (EPCRA) must submit an emergency and hazardous chemical inventory form to the Missouri Emergency Response Commission (MERC), the Mid-America LEPC and the local fire department annually.
These forms, known as Tier II Reports, require basic facility identification information, employee contact information for both emergencies and non-emergencies, and information about chemicals stored or used at the facility.
For more information, including sample forms and instructions, visit the MERC Web site or contact Erin Lynch, 816/701-8390.
Excerpt from the LEPC Regional Hazardous Materials Emergency Preparedness Plan regarding Tier II reporting:
Who must submit this form?
The owner or operator of a facility where hazardous chemicals are used, produced or stored must submit a Tier II Form if the quantity of hazardous chemicals on hand exceeds specific thresholds (see below). Completed Tier II reports should be submitted to the Mid-America LEPC at the Mid-America Regional Council, 600 Broadway, Suite 200, Kansas City, Missouri 64105. The Missouri Tier II Form is required instead of the Tier I form.
What chemicals must be reported?
- Any substance for which a facility must keep a material safety data sheet (MSDS) under OSHA’s Hazard Communication Standard is classified as a “hazardous chemical.” Any hazardous chemical that a facility has on hand in a quantity of more than 10,000 pounds at any one time during the calendar year must be reported on the Missouri Tier II form. A partial list of hazardous chemicals may be found at www.epa.gov/ceppo/caalist.html.
- Extremely Hazardous Substances (EHS) as specified in 40 CFR Part 355 must be reported on the Tier II form if a facility has on hand, at any one time during the calendar year, more than 500 pounds or the threshold planning quantity (TPQ), whichever is lower. To obtain a list of extremely hazardous substances, contact the Missouri Department of Public Safety, Missouri Emergency Response Commission at 800/780-1014 or visit www.epa.gov/ceppo/pubs/title3.pdf.
- Under Missouri law, explosives and blasting agents in excess of 100 pounds must be reported to the fire department within 24 hours of being present at a facility. If storage is longer than 15 days, these substances must be reported to the fire department, the Mid-America LEPC, and the Missouri Emergency Response Commission using the Missouri Tier II form.
What chemicals are excluded?
Section 311(e) of Title III EPCRA excludes the following substances:
- Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.
- Any substance present as a solid in a manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
- Any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
- Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
- Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. (This exclusion does not apply to the one-time reporting of extremely hazardous substances under Section 302 of EPCRA.)
When to submit the Tier II report:
Owners or operators of facilities that have hazardous chemicals on hand in quantities equal to or greater than set threshold levels must submit Missouri Tier II forms by March 1 of each year. The information required must be reported to the Missouri Emergency Response Commission and the Local Emergency Planning Committee within 60 days of a new extremely hazardous substance being present at the facility at or above the threshold planning quantity (TPQ) (11 CSR40-4.040 (1)). If any new hazardous chemical or extremely hazardous substance comes onto the site in a quantity sufficient to require reporting, an updated Missouri Tier II form must be provided within three months (11 CSR40-4.040 (1)(D)(2)).
Where to send the completed Tier II report:
Send a completed, signed Missouri Tier II form to each of the following organizations:
Missouri Emergency Response Commission
P.O. Box 3133
Jefferson City, MO 65102Mid-America LEPC
600 Broadway, Suite 200
Kansas City, MO 64105The fire protection service that covers the facility.
Penalties:
Any owner or operator who violates any Tier II reporting requirements shall be liable to the United States for civil penalty of up to $27,500 per day for each such violation. Each day a violation continues shall constitute a separate violation. Under Missouri law, there is also a penalty of up to $5,000 per day for failure to provide the type of information required on the Missouri Tier II form.
Officers
Chair: Mark Owen, Platte County Sheriff's Department/Emergency Management
Vice-Chair: David Williams, North Kansas City Fire Dept.
Staff Contacts
Erin Lynch, 816/701-8390